Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-17

where that know of, that under this Ian |
yuage the Commission might suspend the
section and adopt the exception for the
rule: but it was inserted that Ill case 1t
should turn out that the rule might work
hardships in special cases, the Commission
could under this section give relief against
such hardship, and it was under this idea |
that the committee inserted this provision
and exception to the rule, simply to enable
the Commission to relieve against injustice |
in special cases if it should be made to
appear that injustice was being caus-
ed by the enforcement OF the
rule. What injury is done or
can be done to the shipper at Chicago, st.
Louis or New Orleans by requiring him to
nav as much and no more for similar car
load from any intermediate point on one OF
these lines to New York? In such case
the persons who have right to complain
are those nearer to the point OF destination
who are required to pay as much as those
further off. The trainers of the Commerce
law could not determine upon more
equitable rule than the one adopted, that
more should not be charged for the shorter
than for the longer distance, subject to the
qualification, however, that this language
should not be construed to authorize charg-
ing as much for the shorter as for the long
haul, if that should be unreasonable.
NOT A NEW PRINCIPLE.
"The rule of the fourth section that more
shall not he charged for the shorter than for
the long haul, is not the adoption of new
principle. 1t is forbidden by the COnsti-
tuition of the States of Pennsylvania, Mis-
souri,. Arkansas and California. and Is also
forbidden by the act of the Legislature of
Massachusetts. Under this law, which
Specially tavOrS long haulS, it Is easy to
demonstrate that railroads may carry
freight over the long haul between COM
petitive points for less than the cost OF
transportation, and ut the same time make
GOOD profits by charging more than the
cost of transportation on the short haulS.
"But you may inquire how about the
competition of the water ways. All Will
say now on that subject Is that 1t would
offend the common sense of mankind, ana
he a criminal disregard Ofthe lights OF the
people, for Congress or the Commission to
so manage us to deprive the people OF the
cheaper transportation afforded by the
water ways. This can only he done 10y
allowing railways to carry ireights below
the cost Of transportation and thereby
causing unjust eXactiOns on way trelghts
to make up the loss of revenue by the
roads and 10 pay for deprivlng the people
of cheap water transportation.
at is the duty of Congress, i'll the inter
est of the freedom of trade, to guard against
placing restrictions and embarraSsmentS
upon water transportation, to allow COM
merce to continue to flow through the nat
ural channels of trade. No government
ON earth would dare pass law to prevent
the carriage of its commerce on the natural
water ways, yet that is what in substance
your Commission is asked to do by the
railroad companies.
AFRAID TO SUE FOR DAMAGES.
"Whv should Norfolk, Wilmington,
Charleston, Savannah, Pensacola, Mobile,
New Orleans, Galveston, Corpus Christi
and other sen coast cities be required to
give up their commerce, and the people be
required to pay higher rates of freights and
be subject to eXactiOns and unjust discrlmi-
nations for the benefit of railroad corpora
tions? But there is another question far
more important than any of these which
must be considered in constituting the fourth
section of this act, and which fear has not
with sufficient force arrested the attention
of the Commission. You can find any
amount of prCot that people who have
suffered injury 10y the determinations and
excessive charges of railroad companies
are afraid to sue them for damages or pro-
secute them, because they day if they do 80
the railroad by other determinations and
eNactiOns, will ruin them in their business,
and it is notorious that such has been in
many clses their policy.
"NOw, il the Commission shall refuse To
enforce the fourth section of the law it will
leave to the railroads all their power of
terrorizing and intimidating the people of
the various localities through which their
several roads pass, and thus enable them
to avoid damage suits and criminal prose
cutions under other provisions of the law,
and it will enable their officers to continue
to be manufacturers, producers and mer-
cants as now, and to carry on disCrimina-
tionS in favor Of the places where they do
such business, even if the Commission shall
faithfully enforce all the other provisions
of the law, and | most earnestly beg that
Won and the Commission may consider this
feature of this question before the final de-
termination of the course it will adopt as
to the fourth section.
CANADIAN COMPETITION.
''On the subject of the danger to our
American roads arising from the cOmpeti-
tiOn of Canadian roads if you will pardon
me can hut repeat what / said in the
Forty-Seventh Congress: 1T would seem
! there is but one thing which comes rs near
rs the Reagan bill to giving railroad men
and advocates the nightmare, and that is
the fear of the competition of the Canada
roads.
| ~ see that an effort has been made to
| glve a construction to the words in the
fourth section of the Commerce act, I'm
der substantially similar circumstances and
| conditions which was not thought of
when this section was being framed. The
committee believed it to he necessary Ia
put some language i'll the act which would
enable the railroads to relieve fruits, vegeta-
bles and other perishahle articles from the
delay which often and necessarily attends
the transportation of articlts Of commerce
not of a perishable nature These words
were put in the section to enable them to
give special facilities for the expeditions
| transportation of such articles in order to
prevent loss or injury. They were not put
in the law to enable the transportation
companies to allow cheaper rates for large
shipments than for small. To do this
would he to aid one monopoly to build up
others.
NO POWER TO SUSPEND.
In concluding his letter Senator Reagan
saws: 81 have tried to show first, that the